Amendment in Criminal Law pertaining to Rape, sexual harrassment etc. Home Ministry had called for suggestions from Public and I was one of the concerned citizen who sent the suggestions but inspite of that the Bill to amend the law is being introduced through cabinet as perpoted in Hindustan Times dated 1st July 2010 I wish to share my suggestions with public and am attaching the letter addressed to Shri Onkar Kedia Spokesman of the Ministry of Home Affairs please go through, you may appreciate my views

CONCERNED CITIZEN’S DESK.

R. N. PRABHAKAR off-cum-res Phone: 011-23612712

Mobile: 9810249229

ADVOCATE

HIGH COURT & SUPREME COURT 204, Gali No. 7, Faiz Road (Joshi Road)

Author, Social Activist, Spiritualist, Motivator & Yogi Karol Bagh, New Delhi–110 005

President:

Karol Bagh Senior Citizen’s Welfare Association ______________________________________________________________________

Shri Onkar Kedia,

Home Ministry Spokesman.

Ministry of Home Affairs,

South Block, Central Secretariat.

New Delhi.

Subject: Draft Criminal Law (Amendment) Bill 2010. : Responses sought from Public.

Dear Sir,

I am a senior citizen of 74 years of age and a practicing senior Lawyer for the last 46 years having practiced in Criminal law, an author and a social activist having appeared on TV for a good number of times. After reading the news from the Hindustan Times dated April 1, 2010 under the heading ‘ NEW DRAFT RAPE LAW HAS MORE TEETH, WIDER SCOPE’ I was just stunned and obliged to ponder over and to pose Questions to myself and also to the Society and of course to concerned officers of your Ministry who have drafted the proposed CRIMINAL LAW (Amendment) Bill, 2010 and the Questions are(1) ‘ HAVE YOU EVER HEARD OF RAPE/ SEXUAL ASSAULT AMONGEST ANIMALS, BIRDS AND/OR OTHER SPECIES” (2) WHETHER RAPE/SEXUAL ASSAULT IS POSSIBLE WITHOUT THE PASSIVE CONCENT OF THE ALLEGED VICTIM (3) WHETHER THE LONGER TERM OF JAIL FOR THE OFFENDER SHALL HAVE THE DESIRED AFFECT AND WHETHER TILL DATE THE LONG JAIL TERMS HAVE PROVED USEFUL AND/OR DETERENT AGAINST THE CRIME WHICH IS GROWING BY EVERY DAY AND NIGHT?????? And the Big Experienced Answer is BIG NO.

Standing ARMY AND MAN MADE LAWS ENECTED IN AC ROOMS have never achieved the desired goal and shall never achieve it in future also unless you deal with the core Question and the cause of the matter leading to the offence. Society is suffering from toxins/ cancers and the people at the helm of affairs are just trying to cut the rotten fruits without caring to remove the rotten roots but cutting the spoiled leaves or spoiled branches the matter is not going to be solved.We are dealing with human beings and must deal with the human problems with a human approach and it cannot be trough mind which muddles the matters. Mind crests a mess of the matters because human mind because of the man made laws and norms be it social, statutory, religious and/or some usages been corrupted, it has lost rationality and harmony with nature and with fellow beings and absence of harmony spells disharmony a precursor to the cause of agony-psychomatic pertaining to body-mind and soul. We are trying to give pain killers to suppress the local pain which is not curative to the cause of the pain. Now lets us just ponder over as to what are the causes:-

1. Absence of Social control and harmony among the nuclear turned families in the Metropolitan cities and there suburbs.

2. Easy flow of money to purchase luxuries and mad rush for flaunt life style.

3. Degradation of Civilization and advancement towards Barbarianism because of the above two causes because in the Metropolitan cities people have lost social control of parents and society being no fear of social boycott ,no fear of Law and order because corruption is rampant at all levels since the ages old phrase that MONEY MAKES THE MAIR GO has become the rule of Law in all walks of life be it Police, Public dealing agencies, law dispensing authorities and/or our elected representatives at all levels.

4. Rape and/or sexual assault is in fact NEXT TO IMPOSSIBLE without the passive/implied consent the alleged victim since male is inherently a subservient to the female right from his birth.

5. In the present era of life a male if always under some kind of pressure such as pressure of studies at school/college level, pressure to compete with others in business or profession, tendency to acquire more and more assets by fair or foul means all leading to unrest, frustration, depression, family tensions adding fuel to the fire and to get some relaxation out of the tense life one indulges into un-civilized acts without caring for the consequences which may take place some where in future. After birth every one knows that death is the only certainty but whether any one is aware and feels concerned about that truth.

6. Breathing in and out and consuming food is necessary for the life to proceed but Love is the food for the Soul- which is hungry in all respects and a man is devoid of true love because of the lack of Awareness. We need to provide awareness to people for which there is NO agency or Source in the present setup. Our system as a whole has been corrupted and it needs a sincere Review at grass root levels and not through logical discussions sitting in A/C room far away from the people at large. BE HUMAN TO DEAL WITH HUMAN PROPLEMS WHICH ARE CREATED BY US ONLY.

ILL EFFECTS OF THE PROPOSED AMENDMENTS

1. The proposed amendments are most likely to be misused to take revenge and/or blackmail the alleged offender.

2. It is just providing a gun in the hands of an immature person to shoot for pleasure.

3. Barring the accuser’s counsel from raising questions about the victims character or antecedents during court proceedings shall amount to condemning the accused without trial and without providing the opportunity to defend himself which shall be against the cannons of Natural Justice and Article 19 of the Constitution of India..

4. Ensuring the Court in not allowing the accused to confront the victim with her previous statement would amount to providing her to seek legal advice after thought with malafide intentions leading to malicious prosecution for vested interests after thought. Please refer to the “CYCLE CASE” referred to on page 5 of the same news paper which has been decided by Hon’ble Supreme Court

May I hope that my views expressed on the basis of my practical experience in life shall not be thrown the waste paper basket as a cry in the wilderness by a common man in our so called democratic setup and if possible I shall be given an opportunity to discuss the matter with you in person in the larges interest of Justice without any bias/prejudices of any kind but in the interest of Harmony amongst the persons concerned???

Thanking you,

Yours truly,

(R.N.PRABHAKAR)

In the Interest of Justice and also in the Interest of Public copy forwarded for Information and necessary action to:-

1. The Hindustan Times,Kasturba Gandhi Marg, New Delhi with reference to the News published in the Paper dated April 1, 2010 front page Col. 2.
2. Delhi Aaj Tak, Jhandewalan, New Delhi, in the interest of Public and Justice to the citizens.